CCPC Agenda 09/21/2017 - Cancelled Ann P. Jennejohn
From: PuigJudy <JudyPuig@colliergov.net>
Sent: Wednesday, September 20, 2017 3:22 PM
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Subject: Please note:the CCPC meeting for tomorrow 9/21 has been cancelled.
Importance: High
Hello everyone,
Please be advised that the CCPC meeting scheduled for tomorrow is canceled and the items will be heard at
the CCPC meeting on the 5th of October. The Cirrus Point application scheduled for the BCC meeting of
September 26th will be continued to the BCC meeting of October 10th.
Thank you,
gam"
JudyPuig, Operations Analyst
Growth Management Department/Operations& Regulatory Management Division
2800 N. Horseshoe Drive
Naples, FL 34104
(239) 252-2370
(239) 252-6348-Fax
1
AGENDA
COLLIER COUNTY PLANNING COMMISSION WILL MEET AT 9:00 A.M., SEPTEMBER 21,
2017, IN THE BOARD OF COUNTY COMMISSIONERS MEETING ROOM, ADMINISTRATION
BUILDING, COUNTY GOVERNMENT CENTER, THIRD FLOOR, 3299 TAMIAMI TRAIL EAST,
NAPLES,FLORIDA:
NOTE: INDIVIDUAL SPEAKERS WILL BE LIMITED TO 5 MINUTES ON ANY
ITEM. INDIVIDUALS SELECTED TO SPEAK ON BEHALF OF AN
ORGANIZATION OR GROUP ARE ENCOURAGED AND MAY BE ALLOTTED
10 MINUTES TO SPEAK ON AN ITEM IF SO RECOGNIZED BY THE
CHAIRMAN. PERSONS WISHING TO HAVE WRITTEN OR GRAPHIC
MATERIALS INCLUDED IN THE CCPC AGENDA PACKETS MUST SUBMIT
SAID MATERIAL A MINIMUM OF 10 DAYS PRIOR TO THE RESPECTIVE
PUBLIC HEARING. IN ANY CASE, WRITTEN MATERIALS INTENDED TO
BE CONSIDERED BY THE CCPC SHALL BE SUBMITTED TO THE
APPROPRIATE COUNTY STAFF A MINIMUM OF SEVEN DAYS PRIOR TO
THE PUBLIC HEARING. ALL MATERIAL USED IN PRESENTATIONS
BEFORE THE CCPC WILL BECOME A PERMANENT PART OF THE RECORD
AND WILL BE AVAILABLE FOR PRESENTATION TO THE BOARD OF
COUNTY COMMISSIONERS IF APPLICABLE.
ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THE CCPC WILL
NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND
THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF
THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE
TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED.
1. PLEDGE OF ALLEGIANCE
2. ROLL CALL BY SECRETARY
3. ADDENDA TO THE AGENDA
4. PLANNING COMMISSION ABSENCES
5. APPROVAL OF MINUTES—July 20,2017 and August 17,2017
6. BCC REPORT-RECAPS
7. CHAIRMAN'S REPORT
8. CONSENT AGENDA
A. PL20170000007: An Ordinance of the Board of County Commissioners of Collier
County, Florida amending Ordinance Number 95-33, the Briarwood PUD, as
amended, to add 320 multi-family dwelling units in Tract B & C: multi-family
residential as an alternative to commercial development on Tract B & C: commercial
community;to add development standards for Tract B &C multi-family residential;to
add Exhibit A-1 Tract B & C Master Plan and Exhibit A-2 enhanced Type D buffer
for property consisting of 209.17± acres; located on the east side of Livingston
Road, north of Radio Road, in Section 31, Township 49 South, Range 26 East,
Collier County, Florida; and by providing an effective date. [Coordinator: Fred
Reischl,AICP,Principal Planner]
9. ADVERTISED PUBLIC HEARINGS:
Note: This item has been continued from the August 17, 2017 CCPC meeting and
the September 7"`CCPC meeting:
A. PUDA-PL20170001626: An Ordinance amending Ordinance No. 2005-63, as
amended, the Cirrus Pointe RPUD, to reduce the minimum floor area for multi-
family dwelling units, and to approve a Second Amended and Restated Affordable
Housing Density Bonus Agreement to allow the Developer to have the option of
constructing owner occupied units or rental units designated as affordable housing
units. The subject property is located at the northeast corner of Bayshore Drive
and Thomasson Drive, in Section 14, Township 50 South, Range 25 East, Collier
County, Florida, consisting of 9.92 acres; and by providing an effective date.
[Coordinator:Nancy Gundlach,AICP,Principal Planner]
Note: This item has been continued from the July 20, 2017 and August 17, 2017
CCPC meeting and the September 7th CCPC meeting:
B. An Ordinance of the Board of County Commissioners of Collier County, Florida,
amending Ordinance Number 04-41, as amended, the Collier County Land
Development Code, which includes the comprehensive land regulations for the
unincorporated area of Collier County, Florida, by providing for: Section One,
Recitals; Section Two,Findings of Fact; Section Three,Adoption of Amendments to
the Land Development Code, more specifically amending: Chapter Three —
Resource Protection, including section 3.05.07 Preservation Standards, to amend
design standards relating to off-site preserves and to modify requirements for
monetary payment and land donation off-site preserve alternatives; Section Four,
Conflict and Severability; Section Five, Inclusion in the Collier County Land
Development Code; and Section Six, Effective Date. [Coordinator: Jeremy Frantz,
AICP,LDC Manager]
10. NEW BUSINESS
11. OLD BUSINESS
A. Neighborhood Information meeting(NIM)discussion. [Coordinator: Mike Bosi,Director]
12. PUBLIC COMMENT
13. ADJORN
CCPC Agenda/Ray Bellows/jmp
AGENDA ITEM 9-B
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Land Development Code Amendment Request
ORIGIN: Board of County Commissioners
AUTHOR: Growth Management Department Staff
AMENDMENT CYCLE: 2016 LDC Amendment Cycle (Carry-Over)
LDC SECTION(S): 3.05.07 Preservation Standards
CHANGE: This amendment modifies the requirements for off-site native vegetation retention.
The amendment updates and revises the applicability section, provides for off-site preservation
through deviations or variances, modifies the calculation„me
; rmonetary payments, and removes the
land donation alternative for off-site native vegetation ` ntion 'k
REASON:
Amendment History
Currently LDC section 3.05.07 H.1.f establishes the following options for compliance with the
County's native vegetation retention requirements:
1) On-site preservation; or �,H�� 11 i»�pW
2) Off-site preservation through on `of the following m:'a ' s:
a. Monetary payment with an exotics maintenance endowment, or
b. Land donation with an exottcik,4namt;� ',i, endowment.
On July 7, 2015, Conservation G er staff1I,�: several preliminary recommendations to the
Board of County Commissioners (=i`:rd)for guidance prior to establishing more detailed changes
to the program. The Board directed a review of these recommendations with the Conservation
Collier Land,AcquisitionAdv �� w,Com”" CC iAC) and Development Services Advisory
Comm (DSAC) to ide recommendations to:
r
rT
• Increase the moneta *Yment :z�-that land management endowments last beyond seven
years; and
• Consider removing the land donation alternative.
The following narrativeOdescrr s some of the history of the County's preserve requirements, the
changes included in this amendment, and the recommendations suggested by the advisory boards
and the Collier County Planning Commission(CCPC).
Background regarding on-site preserves
The purpose of the on-site preserve requirement is to retain, maintain, and protect existing native
vegetation on site as provided for in the CCME. Accordingly,the purpose of LDC section 3.05.00
Vegetation Removal, Protection, and Preservation states:
"The purpose of this section is the protection of vegetation within the County by regulating its
removal; to assist in the control offlooding,soil erosion, dust, heat, air pollution, and noise; and to
maintain property, aesthetic, and health values within the County;to limit the use of irrigation water
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in open space areas by promoting the preservation of existing plant communities; to limit the
removal of existing viable vegetation in advance of the approval of land development plans; and to
limit the removal of existing viable vegetation when no landscape plan has been prepared for the
site."
It is important to note that while this section allows for off-site preservation,preserves in the urban
area still provide benefits to the community. Beyond native habitat, preserves also provide green
space consisting of naturally existing vegetation in urban areas. The Nature Conservancy's
"Planting Healthy Air" (2016) confirms that trees and other vegetation provide many benefits to
people including: "aesthetic beauty, enhancement of property values, erosion prevention,
stormwater management, and noise reduction."1 The study also reiterates that trees sequester
carbon which helps to alleviate the effects of climate change. Trees help to make the air healthier
as "Dozens of studies now show that tree leaves filter out particulate matter from the atmosphere,
along with many other air pollutants."2
Preserves retained on site are an amenity for residents. The LDC allows for boardwalks,pathways,
benches, educational signs, and viewing platforms; staff encourages these uses so that residents
can enjoy preserve areas. In addition, the Nature Con. =yecy's Tree Study indicates that urban
trees have been shown to have economic value, stating, "in general, the total economic value of a
tree is frequently more than 20 times the value specifically for air quality, with stormwater
mitigation and aesthetic value for property owne ° Ing especially important."3
Background regarding off-site preserves
Off-site native vegetation retention was added to the LDC in 2010 to allow for the purchase or
donation of land off site in lieu of preserving native vegetation on site. The criteria for determining
when this alternative is allowed is based on the provisions identified in Conservation and Coastal
Management Element(CCME),of the Growth Management Plan(GMP),Policy 6.1.1 (10),which
states:
"The County shall adopt land developregulations that allow for a process whereby a property
owner may submit a petition requesting tt all or a portion of the native vegetation preservation
retention requirement to be satisfied by a monetary payment, land donation that contains native
vegetative communities equal to or of a higher priority as described in Policy 6.1.1 (4) than the land
being impacted, or other appropriate method of compensation to an acceptable land acquisition
program, as required by the land development regulations. The monetary payment shall be used to
purchase and manage native vegetative communities off-site. The land development regulations
shall provide criteria to determine when this alternative will be considered. The criteria will be
based upon the following provisions:
a. The amount, type, rarity and quality of the native vegetation on site;
b. The presence of conservation lands adjoining the site;
c. The presence of listed species and consideration of Federal and State agency technical
assistance;
d. The type of land use proposed, such as, but not limited to, affordable housing;
1 McDonald,R., Kroeger, K., Boucher,T.,Wang, L.,Salem, R.(2016). Planting Healthy Air. Retrieved from
https://global.nature.org/content/healthyair?src=r.global.healthyair. Pg. 2
2 Ibid, Pg.2.
3 'bid, Pg.22.
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e. The size of the preserve required to remain on site is too small to ensure that the preserve can
remain functional; and
f Right-of-Way acquisitions for all purposes necessary for roadway construction, including
ancillary drainage facilities, and including utilities within the right of way acquisition area.
The land development regulations shall include a methodology to establish the monetary value, land
donation, or other appropriate method of compensation to ensure that native vegetative communities
not preserved on-site will be preserved and appropriately managed off-site."
Generally speaking,preserves which are smaller in size, or those located adjacent to more intense
land uses, have a greater potential to become less viable over time due to habitat fragmentation
and sensitivity of native vegetation to changes in the environment. Depending on the type of
development and uses on adjoining properties, plants, such as slash pine, often die after a few
years.It is in these instances where the off-site preservation is recommended in lieu of preservation
of native vegetation on site.
Changes to LDC sections 3.05.07 H.lfi-ii
Purpose section
This amendment adds a purpose section to clarify the original intent and guide the administration
of the off-site preserve program. This section identifies it is intended to apply to projects with a
preserve requirement of 21,780 square feet(one-half acre)or less. Additionally, this section is not
applicable to the Rural Lands Stewardship Area (RLSA) and Rural Fringe Mixed Use (RFMU)
districts, since there are separate off-site preservation provisions specific to each district.
Applicability
This amendment removes the existing appligilitts entirety and replaces it with a provision
limiting the applicability of off-site preserv. . 0 to`projects where the preserve requirement is
21,780 square feet(one-half acre) or less, and where the preserves have not been identified on an
approved development order by the County.
This section also limits the applicability of off-site preservation with several prohibitions that
modify or add to the provisions previously identified as "restrictions." Identifying these standards
as prohibitions makes it clear that no deviations can be requested or allowed when any of the
prohibitions ""_found on site. Additionally, the following clarifications and additions have been
made to the list of prohibitions:
• The prohibition on removing native vegetation adjacent to flowways is clarified to indicate
that it also applies to native vegetation within
flowways. Preserves in Industrial Districts:
• Currently, remaining portions of on-site preserves LDC section 3.05.07 B.2.h
must be a minimum of one acre,unless high quality establishes that industrial zoned
habitat is present. This provision is removed as parcels which have a native
applicants will not be able to leave any required vegetation retention requirement
preserves on site when off-site preservation is
requested. of two acres or less are exempt
• A standard is added prohibiting off-site preserves if from the preserve requirement.
the on-site native vegetation requirement is greater For this reason, industrial zoned
than 21,780 square feet(one-half acre). parcels are not incorporated in the
applicability section.
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• A standard is added prohibiting deviations or variances from the off-site preservation
standards.
Approval methods
CCME Policy 6.1.1 (13) requires two potential methods for obtaining approval when
developments meet the applicability to provide on-site preserves off site. The policy states:
"The County may grant a deviation to the native vegetation retention requirements of subsections 2,
4, 5, 10, and 12 of this Policy, and shall adopt land development regulations to set forth the process
for obtaining a deviation. The regulations shall allow for the ranting of a deviation by the
appropriate review board after a public hearing, and fig the granting of a deviation
administratively...
Therefore, the following approval processes have been
1) Administrative approval:
The County manager or designee may a ,rove deviations for off-site preserves in only the
following four situations: . '.
a. Essential service facilities;
b. Affordable housing projects that have been approved by the Collier County
Community and Human; ces Divisio
c. Projects where on-site native vegetation is fragmented; or
d. Projects where on-site native vegetation,is not contiguous to off-site preserve areas.
2) Approval through a public hearing� '', "� � �� tirr�.,
For other pre �'1/ that""�isfy the applicability criteria, off-site preservation may be
approved through a PUD deviation or variance, as applicable.
Finally, a provision is added w `„T �,F es that"for the purposes of this section, the required
preserves s l b d on tom. `��l ac e for the PAID or development order, and not based on
an mdi J •Yes"�phase�Qt phases of a development. Additionally, if the on-site native vegetation
retentionrequirement issosfied off site,then all f the required preserve will be satisfied off site.
Changes to . ite Alternatives in LD d,"section 3.05.07
This section currently identified= ,t the native vegetation retention requirements may be satisfied
by one of two off s o,�;.lternativ ,either monetary payments orland donations. This amendment
removes the land do ' en alternative and modifies the calculation of the monetary payment.
Currently, the monetary payment amount is based on the location of the land to be impacted and
must be equal to 125 percent of the average cost of land purchased by Conservation Collier in the
urban designated area or of the average cost of all other designations, as applicable.
This amendment states that the monetary payment amount shall be established in the Growth
Management Department Development Services Fee Schedule. The proposed per acre fee for the
monetary payment alternative is based on the Annual Update and Inventory Report (AUIR)
Community and Regional Park Land Summary unit cost per acre, as updated annually. Using the
AUIR to establish the cost to purchase land will ensure that this fee is consistent with the County's
other land purchasing estimates and that the fee is updated regularly.
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CCPC RECOMMENDATION: Following the Board's direction, the Collier County Planning
Commission (CCPC) has reviewed recommendations from CCLAAC and DSAC over the course
of several meetings. During their review of this amendment, the CCPC noted the following:
• The retention of native vegetation, even small areas, is valued by.Collier County residents.
• The native vegetation retention requirements should be designed to promote on-site
retention.
• The program should place more emphasis on encouraging incorporation of the natural
environment within urban developments.
Furthermore, the CCPC expressed concern over the abilityfor developers to satisfy native
vegetation retention requirements off site, the methodologies used by the CCLAAC and DSAC to
revise the fees associated with the off-site preservatiolf , ternatives, and the County's ability to
manage exotics in the rural areas of the County. As a result,this amendment reflects the following
CCPC recommendations made during the August 17,2017, meeting:
1. Off-site preservation should only be l wed through a deviation where the preserve
requirement is one-half acre or less. °� ��,
a. The CCPC explained��hat the limitation ter,une-half acre is�significant when
compared to minimum'"lot sizes: for singl `amily homes. For instance, 21,780
square feet compares to mean 3 minimum sized lots within RMF-6 zonign
districts. ,
2. An administrative deviation show ,- available to projects that meet identified criteria.
3. The only method for providing of-on-, pre� s should be t trough a monetary payment
and the am should tae= based s IR Community and Regional Park Land
Summary per unit cost-
CCLAAC AC RECOMMEND sl ' S: Of-site preservation was used infrequently after
its addition a in 2010 and several w visions have proved problematic when staff has
applied this section to projects in recent years. Therefore, in addition to addressing the Board's
direction staff recommended',clarifying certain portions of this provision to CCLAAC and DSAC.
Both the CCLAAC and DSAC provided similar recommendations regarding changes to the
purpose and intent, applicabtl� PUD deviations, and prohibitions sections. While the CCPC
recommendation includes the CCLAAC and DSAC recommended language in the purpose and
intent section, several other sections were modified during the CCPC hearings described generally
as follows:
• Both CCLAAC andDSAC recommended to allow for off-site preservation to apply to
preserve requirements of up to one acre and to allow for up to two acres through a PUD
deviation. However, the CCPC modified these provisions to apply only to preserve
requirements of one-half acre or less.
• Both CCLAAC and DSAC recommended clarifications to the restrictions section,
including renaming the section to "prohibitions." While some of these clarifications are
included in the CCPC recommendation, the CCPC has made additional modifications and
additions as described above.
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• Both CCLAAC and DSAC recommended changes to the off-site preservation alternatives
as directed bythe Board. While, these recommendations differed between committees,
each committee included endowments for estimated land management costs, and proposed
fees for the monetary payment and land donation alternatives. Each Committee's proposal
for changes to the off-site preservation alternatives are summarized in the next section.
CCLAAC recommendations for off-site preservation alternatives:
1) Land Management Costs: CCLAAC recommended using an annual estimated cost of$558 per
acre to manage lands donated to Conservation Collier. This yearly management estimate was
used to establish an endowment amount that ensures sufficient management funds for at least
20 years while accounting for inflation and interest. ��I�� e resulting land management
endowment amount of $32,500 was incorporated in CCLAAC's recommended fees for the
monetary payment and land donation alternatives f
2) Monetary Payment Alternative: CCLAAC ended that'the monetary payment should
be equivalent to 125% of the "post development appraised value" of the on-site preserve
acreage. The following example was given: If a development with a one acre preserve
requirement received a post development appraisal value f$300,000, the total fee associated
with the monetary payment alternative would equate t. 5,000.
3) Land Donation Alternative: CCL- t : tmended that the land donation fee incorporate the
land management endowment and an in' l exotic vegetation removal cost. Additionally,
CCLAAC recommended a 4:1 ratio for land don :s to off the land being developed. The
following table dates the land dations a projectwith a native vegetation
requirement of one are. Since a 4:1 ratio ould apply to.the donation, four acres would need
to be donated, therefore, the fees are multi. , by four in the following table:
4
Elements of Land Dation. + ���d � Cost Per Donation
Land': anagement endowment($32, 11 ,4) $130,000
Initial exotic vegetation removal costs 04,000 x 4) $16,000
Total $146,000
DSAC recommendations for off-site preservation alternatives:
1) Land Management Costs:DSAC recommended using the following estimates to manage lands
donated to Conservation Collier:
• Years 1-5 = $' 58 er acre
• Year 6 and ongoing'on g o _ $141 per acre
These yearly management estimates were used to establish an endowment amount that ensures
sufficient management funds for at least 20 years while also accounting for inflation and
interest. The resulting land management endowment amount of$13,200 was incorporated in
DSAC's recommended fees for the monetary payment and land donation alternatives.
2) Monetary Payment Alternative: DSAC recommended that the monetary payment incorporate
the cost for Conservation Collier to purchase land, the land management endowment, and an
initial exotic vegetation removal cost as shown in the following table:
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Elements of Monetary Payment Alternative Per Acre Cost
Average cost to purchase land for Conservation Collier $32,800
Land management endowment $13,200
Initial exotic vegetation removal costs $4,000
Total $50,000
3) Land Donation Alternative: DSAC recommended that the land donation fee incorporate the
land management endowment and an initial exotic vegetation removal cost as shown in the
following table:
Elements of Land Donation Fee Per Acre Cost
Land management endowment $13,200
Initial exotic vegetation removal costs $4,000
Total $17,200
FISCAL& OPERATIONAL IMPACTS: There are no anticipated fiscal or operational impacts
associated with this amendment. j1t1
GROWTH MANAGEMENT PLAN IMPACT: Thtiiiz4T,cno anticipated Growth Management
Plan impacts associated with this ami«-► , t.
Amend the LDC as follows:
1 3.05.07 Preservation ndards '41114,
4,
3 H. Preserve standards.
4 1. Design standards. "4
5 * * * *
6 f °� 'h°�,!''j,o f site vegetation retention.
7 Purpose and Intenthe purpose of this subsection f is to identify
8 the criteria to satisfy on-site preserve requirements off site. The
9 intent ofpn-site preserve requirement is to retain, maintain,
10 and preserve'existinq native vegetation on site as provided for in
11 the Conservation and Coastal Management Element of the GMP.
12 Hetwever, in limited situations on-site preserve may be considered
13 1000i viable as a functional preserve if it is 21,780 square feet (one-
14 acre) or less and isolated. Therefore, in limited situations,
15 m providing for a preserve off site can achieve the goals and
16 objectives of the GMP. This section shall not apply to lands
17 located within the RLSA or RFMU districts.
18 i. Applicability. A property owner may request that all or a portion of
19 the Collier County on-site native vegetation preservation retention
20 requirement be satisfied for only the following situations and
21 -- - - - - - -22 a) Properties zoned commercial where the on site preserve
23 requirement is less than 2 acres in size.
24 b) Park sites where the on site preserve requirement is less
25 than one acre in size.
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1 c) Essential service facilities other than parks, for any size
2 preserves.
3 d) Preserves less than on acre in size
4 e) Affordable housing projects. The maximum percent
5 _ - - - - - - =- - - -
6 - -- - - _ - e e . e e - - - , _.
7 limitation as to size of the preserve.
8 f) Existing preserves with 75 percent or more
9 coverage with exotic vegetation. Existing preserves not
10 - -- - - . . - - - - -
11 arrive at this state due to lack of management of the
12 preserve shall mitigate; a at a ratio of 2 to 1.
13 - ---- - - - -
14 -
15e - - • - - - - - - -
16 • ,..
17 - - .- -- •- .'__ - . -•..-. - -
18 requirem is of this section.
19 f) Portions of.preserves located within"� ed single family
20 lets,
21 - - ---ti .- _ .i,,, - - -- - -
22 "e. : -_- _ _ ...-. _
23 -- -- - - - --- -
24 -- - - - - -
25 , �� �� •; -' - � - --- .. .
26 All crit listed for mated preserves.
27 ii. - - - - -- - - -- •
28 Applicability and prohibitions. Except where it is prohibited,
29 applicants may request that the on-site native vegetation
30 rete �r quiremen be satisfied in full off-site where the native
31 vegetation require his 21,780 square feet (one-half acre) or
32 less.and the preserves'have not been identified on an approved
33 development ordfiy the County. Off-site preserves are
34 prohibited if one or more of the following is found on-site:
35etiqscrub a hardwood hammocks which arc one acre
36 or r °e in size, mangrove (excluding mangrove fringes
37 less than 40 feet in width on artificially created
38 shorelines), coastal dune and strand environments, and
39 listed species habitat or corridors per the requirements or
40 recommendations of the FFWCC or USFWS are found on
41 site. shall not be allowed to have the on site native
42 - - - =- - - - - - - =
43 offsite.
44b) Preserves shall remain on site if are located within or
45 contiguous to natural flowways required to be retained per
46 the requirements of the SFWMD, natural water bodies,
47 estuaries, government required preserves (not meeting the
48 off-site preservation criteria herein), NRPAs, or contiguous
49 to property designated for purchase by Conservation
50 Collier or purchased by Conservation Collier, or contiguous
51 to properties containing listed species nests, buffers,
8
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1 corridors and foraging habitat per the requirements or
2 recommendations of the FFWCC or USFWS. For the
3 purpose of this section, natural flowways shall also
4 include those identified during wetland permitting with
5 applicable State and Federal agencies, regional drainage
6 studies, or surface water management permits
7 c) Remaining portions of on site preserves must be a
8 minimum of one acre in size and shall not meet the offsito
9 criteria of sub section 3.05.07 H.1.f.i.(f) and (g) above,
10 - _ - - -_ - - - -- - - - - ---11 _ •- _ - - - _ '.
12 c) If the on-site native vea!tation retention requirement is
13 greater than 21,780 she feet (one-half acre), then no
14 required preserve e allowed to qo off site; or
15 d) Deviations or va ► es from this section are prohibited.
16 iii. Off-site preserves approved administratively. Except as limited in
17 LDC section 3.05.07 H.1.f.ii, the County Manager or designee
18 may approve deviations to meet the on-site preserve requirements
19 off site in only the following four situations:
20 a) Essential services facilities;
21 b) fordable housing s ved by the Colli e °;bounty
22 70"-p9,,
unity and Hu Services Division;
23 c) where on srtenative vegetation is fragmented; or
24 d) P t cts where on-site on-siteTiedive vegetation is not contiguous
25 to •; -ite preserve areas.
26 i Off-site preserves approved thhrougl ' public hearing. Except as
27 i in LDC section-3.0 5.0./ .1 f ii., applicants may request a
28 PUD deviation or fiance, as amicable, to meet the on-site
29 preserve requirement off site.
30 " ,a) j---1-UD deviations shall be processed in accordance with the
31 -pr. e res in LDC section 10.02.13.
32 b) Varia° :.,;„, all be processed in accordance with the
33 rocedures'iin LDC section 10.09.00.
34 v. For the purposes this section, the preserve requirement shall be
35 based on the,total acreage for the PUD or development order, as
36icable, and not based on an individual phase or phases of a
37 development, consistent with LDC section 3.05.07 H.1.a. If the
38 on-site native vegetation retention requirement is satisfied off
39 �, o, site, then all of the required preserve will be satisfied off site.
40 ii+vi. *° - - ' - •- • --• '• - = - - •41 requirements may be met by monetary payment or by land
42 donation. If a development qualifies for off-site preservation, only
43 a monetary payment will satisfy the off-site retention requirement.
44 a) Applicants shall make the monetary payment to Collier
45 County. Such funds will shall be used by the County for the
46 purchase and management of off-site conservation lands
47 within the county. The monetary payment amount shall be
48 established by resolution in the Collier County Growth
49 Management Department Development Services Fee
50 Schedule. The monetary payment amount shall be
51 calculated based on the on-site preserve requirement for
9
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1 the land that is proposed to be developed and shall be the
2 current AUIR Community and Regional Park Land
3 Summary per acre unit cost, as amended annually. based
4 on the location of the land to be impacted and be equal to
5 125 percent of the average cost of land in the Urban
6 Designation or 125 percent of the average cost for all other
7 Designations, as applicable, as defined by the FLUE,
8 purchased by Collier County, through the Conservation
9 Collier program. This monetary payment shall be made
10 prior to the preconstruction meeting for the SDP or final
11 plat construction plans.
12 0 e _. .. . •- •ee - _
13 donate land for conservation purposes to Collier County or
14 to another government agency. In the event of donation to
15 Collier County, tho applicant may acquire and
16 subsequently donate land within the project boundaries of
17 Winchester Head, North Golden Gate Estates Unit 53,
18 - - •" e . - - e.-- - - - - - - - --
19 by Conservation Collier donation acceptance procedures.
20 Applicants who choose to donate land shall be required to
21 - " - - -- - -_ -
22 .. ; --- - - e - -
23 described in subsection 3.05.07 A.) than the land required
24 - -- " - - -- - -
25 land donated be less than the acr age of land required to
26 be preserved onsite. Land donated to satisfy the off cite
27 vegetation retention requirement must be located entirely
28 within Collier County. Donations of land for preservation
29 $,L, shall be made to a federal, state or local government
30 - -_ ,,,,.....e e .. e e - --- - - - - -
31 conservation'and management of land in perpetuity,
32 -- - - - - - - - -- -- - - -
33 - ee - - 0 -- --- - - -- -
lei
34 payment for management of the land. The amount of
35 this payment shall be equal to 25 percent of the average
36cost of land in the Urban Designation or 25 percent of the
37 average cost in all other Designations, as applicable, a;,
38 defined by the FLUE, purchased by Collier County, through
39 the Conservation Collier program.
40 Applicants shall provide evidence that donations of land
41 e - -ac-cep-ted
- e - - -- - - - -- -. .
42 boon accepted by and donated to the entity stated above,
43 at the time of the preconstruction meeting for the SDP or
44 final plat construction plans. Exotics shall be removed in
45 accordance with the time frames provided in 3.05.07 H.2.
46 State and Federal agency requirements for mitigation,
47 - - e• -•e • - - e - -- - - - - -48 the responsibility of the applicant.
49 i vii. PUD zoning. Where the off-site native vegetation retention
50 alternative is used for portions of preserves not identified on a
51 PUD master plan, a PUD amendment is not required.
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1 Preserves or portions of preserves identified on a PUD master
2 plan shall require an amendment to the PUD master plan to
3 use the native vegetation retention alternative, subject to
4 LDC section 10.02.13 E, unless the option to use the off-site
5 native vegetation retention alternative is included in the PUD.
6 # # # # # # # # # # # # #
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